Legislator Case Law & Legislation
ln_2016_97 MT

Low Voltage Electrical Equipment Regulations, 2016

25 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (25)

Statutory Text (25 Articles)

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,549, 22 ta’ Marzu, 2016

L.N. 97 of 2016

PRODUCT SAFETY ACT

(CAP. 427)

Low Voltage Electrical Equipment Regulations, 2016

IN exercise of the powers conferred by articles 38 and 39 of the

Product Safety Act, the Minister for Social Dialogue, Consumer

Affairs and Civil Liberties, on the advice of the Malta Competition

and Consumer Affairs Authority, has made the following regulations:-

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) The title of these regulations is Low Voltage Title and

commencement.

Electrical Equipment Regulations, 2016.

(2) These regulations transpose Directive 2014/35/EU of the

European Parliament and of the Council of 26 February 2014 on low

voltage electrical equipment and repealing Directive 2006/95/EC.

(3) These regulations lay down requirements for products

referred to in regulation 2(1) and made available on the market, and

shall apply as from the 20th April, 2016.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL

EQUIPMENT DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS

1. General conditions

(a)

The essential characteristics, the recognition and observance of

which will ensure that electrical equipment will be used safely and

in applications for which it was made, shall be marked on the

equipment, or, if this is not possible, on an accompanying

document.

(b)

The electrical equipment, together with its component parts

should be made in such a way as to ensure that it can be safely and

properly assembled and connected.

(c)

The electrical equipment should be designed and manufactured as

to ensure that protection against the hazards set out in points 2 and

3 is assured providing that the equipment is used in applications

for which it was made and is adequately maintained.

2. Protection against hazards arising from electrical equipment

Measures of a technical nature should be described in accordance with

point l, in order to ensure that

(a)

persons and domestic animals are adequately protected against

danger of physical injury or other harm which might be caused by

electrical contact direct or indirect;

(b)

temperatures, arcs or radiation which would cause a danger, are

not produced;

(c)

persons, domestic animals and property are adequately protected

against non-electrical dangers caused by electrical equipment

which are revealed by experience;

(d)

the insulation is suitable for foreseeable conditions.

3. Protection against hazards which may be caused by external

influences on the electrical equipment

Technical measures are to be laid down in accordance with point 1, in

order to ensure that the electrical equipment

(a)

meets the expected mechanical requirements in such a way that

persons, domestic appliances and property are not endangered;

(b)

is resistant to non-mechanical influences in expected

environmental conditions, in such a way that persons, domestic

animals and property are not endangered;

(c)

does not endanger persons, domestic animals and property in

foreseeable conditions of overload.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) These regulations shall apply to electrical Scope.

equipment, designed for use with a voltage rating of between 50 and

1000 V for alternating current and between 75 and 1500 V for direct

current.

(2) These regulations shall not apply to the electrical

equipment and phenomena listed in Schedule II.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

EQUIPMENT AND PHENOMENA

OUTSIDE THE SCOPE OF THESE REGULATIONS

Electrical equipment for use in an explosive atmosphere.

Electrical equipment for radiology and medical purposes.

Electrical parts for goods and passenger lifts.

Electricity meters.

Plugs and socket outlets for domestic use.

Electric fence controllers.

Radio-electrical interference.

Specialized electrical equipment, for use on ships, aircraft or railways, which

complies with the safety provisions drawn up by international bodies in

which the Member States participate.

Custom built evaluation kits destined for professionals to be used solely at

research and development facilities for such purposes.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

In these regulations, unless the context otherwise requires

Interpretation.

"authorised representative" means any natural or legal person

established within the Union who has received a written mandate

from a manufacturer to act on his behalf in relation to specified tasks;

"the Authority" means the Malta Competition and Consumer

Affairs Authority established by article 3 of the Malta Competition

and Consumer Affairs Authority Act;

"CE marking" means a marking by which the manufacturer

indicates that the electrical equipment is in conformity with the

applicable requirements set out in Union harmonisation legislation

providing for its affixing;

"conformity assessment" means the process demonstrating

whether the safety objectives referred to in regulation 5 and set out in

Schedule I relating to electrical equipment have been fulfilled;

"distributor" means any natural or legal person in the supply

chain, other than the manufacturer or the importer, who makes

electrical equipment available on the market;

"economic operators" means the manufacturer, the authorised

representative, the importer and the distributor;

"harmonised standard" means harmonised standard as defined in

paragraph (c) of point 1 of Article 2, "a European standard adopted on

the basis of a request made by the Commission for the application of

Union harmonisation legislation" of Regulation EU. No 1025/2012 of

the European Parliament and of the Council of 25 October 2012;

"importer" means any natural or legal person established within

the Union who places electrical equipment from a third country on the

Union market;

"making available on the market" means any supply of electrical

equipment for distribution, consumption or use on the Union market

in the course of a commercial activity, whether in return for payment

or free of charge;

"manufacturer" means any natural or legal person who

manufactures electrical equipment or has electrical equipment

designed or manufactured, and markets that equipment under his

name or trade mark;

"MSD" means the Market Surveillance Directorate within the

TRD;

"placing on the market" means the first making available of

electrical equipment on the Union market;

"recall" means any measure aimed at achieving the return of

electrical equipment that has already been made available to the end-

user;

"technical specification" means a document that prescribes

technical requirements to be fulfilled by an electrical equipment;

"TRD" means the Technical Regulations Division within the

Authority;

"Union harmonisation legislation" means any Union legislation

harmonising the conditions for the marketing of products;

"withdrawal" means any measure aimed at preventing electrical

equipment in the supply chain from being made available on the

market.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

MODULE A

Internal production control

1. Internal production control is the conformity assessment procedure

whereby the manufacturer fulfils the obligations laid down in points 2,

3 and 4, and ensures and declares on his sole responsibility that the

electrical equipment concerned satisfy the requirements of these

regulations that apply to it.

Technical documentation

2. The manufacturer shall establish the technical documentation. The

documentation shall make it possible to assess the electrical

equipment’s conformity to the relevant requirements, and shall include

an adequate analysis and assessment of the risk(s). The technical

documentation shall specify the applicable requirements and cover, as

far as relevant for the assessment, the design, manufacture and

operation of the electrical equipment. The technical documentation

shall, where applicable, contain at least the following elements

(a)

a general description of the electrical equipment;

(b)

conceptual design and manufacturing drawings and schemes of

components, sub-assemblies, circuits, etc.;

(c)

descriptions and explanations necessary for the understanding of

those drawings and schemes and the operation of the electrical

equipment;

(d)

a list of the harmonised standards applied in full or in part the

references of which have been published in the Official Journal of

the European Union or international or national standards referred

to in regulation 12 and, where those harmonised standards or

international or national standards have not been applied,

descriptions of the solutions adopted to meet the safety objectives

of these regulations, including a list of other relevant technical

specifications applied. In the event of partly applied harmonised

standards or international or national standards referred to in

regulation 12, the technical documentation shall specify the parts

which have been applied;

(e)

results of design calculations made, examinations carried out, etc.;

and

(f)

test reports.

Manufacturing

3. The manufacturer shall take all measures necessary so that the

manufacturing process and its monitoring ensure compliance of

the manufactured electrical equipment with the technical

documentation referred to in point 2 and with the requirements of

these regulations that apply to it.

CE marking and EU declaration of conformity

4.

4.1. The manufacturer shall affix the CE marking to each individual

electrical equipment that satisfies the applicable requirements of

these regulations.

4.2. The manufacturer shall draw up a written EU declaration of

conformity for a product model and keep it together with the

technical documentation at the disposal of the national market

surveillance authorities for 10 years after the electrical equipment

has been placed on the market. The EU declaration of conformity

shall identify the electrical equipment for which it has been drawn

up.

A copy of the EU declaration of conformity shall be made

available to the relevant market surveillance authorities upon

request.

Authorised representative

5. The manufacturer’s obligations set out in point 4 may be fulfilled

by his authorised representative, on his behalf and under his

responsibility, provided that they are specified in the mandate.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

Any electrical equipment in conformity with Directive Transitional

2006/95/EC and placed on the market before 20 April 2016 will not provisions.

be impeded from being made available on the market.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

EU DECLARATION OF CONFORMITY (No. XXXX) ( * )

1. Product model/product (product, type, batch or serial number)

2. Name and address of the manufacturer or his authorised

representative

3. This declaration of conformity is issued under the sole

responsibility of the manufacturer.

4. Object of the declaration (identification of electrical equipment

allowing traceability; it may include a colour image of sufficient

clarity where necessary for the identification of the electrical

equipment)

5. The object of the declaration described above is in conformity

with the relevant Union harmonisation legislation

6. References to the relevant harmonised standards used or

references to the other technical specifications in relation to which

conformity is declared

7. Additional information

Signed for and on behalf of

(place and date of issue)

(name, function) (signature)

* It is optional for the manufacturer to assign a number to the declaration of conformity.

B

B

B

€0.90

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Electrical equipment as referred to in regulation 2(1) Conformity with

may be made available on the market only if, having been constructed safety criteria.

in accordance with good engineering practice in safety matters in

force, it does not endanger the health and safety of persons and

domestic animals, or property, when properly installed and

maintained and used in applications for which it was made.

(2) The principal elements of the safety objectives referred to

in sub-regulation (1) are listed in Schedule I.

(3) All appropriate measures shall be taken to ensure that if

electrical equipment is of such a nature as to comply with the

provisions referred to in sub-regulation (1), subject to the conditions

laid down in regulations 6(1), 6(2), 6(3) and 6(4), the free movement

thereof in Malta shall not be impeded for reasons of safety.

(4) In relation to electrical equipment, stricter safety

requirements than those referred to in sub-regulation (1) shall not be

imposed by electricity supply bodies for connection to the grid, or for

the supply of electricity to users of electrical equipment.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) When placing their electrical equipment on the Obligations of

market, manufacturers shall ensure that it has been designed and manufacturers.

manufactured in accordance with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(2) Manufacturers shall draw up the technical documentation

referred to in Schedule III and carry out the conformity assessment

procedure referred to in Schedule III or have it carried out.

(3) Where compliance of electrical equipment with the safety

objectives referred to in regulation 5 and set out in Schedule I has

been demonstrated by the conformity assessment procedure referred

to in sub-regulation (1), manufacturers shall draw up an EU

declaration of conformity and affix the CE marking.

(4) Manufacturers shall keep the technical documentation

referred to in Schedule III and the EU declaration of conformity for

10 years after the electrical equipment has been placed on the market.

(5) Manufacturers shall ensure that procedures are in place for

series production to remain in conformity with these regulations.

Changes in product design or characteristics and changes in the

harmonised standards referred to in regulation 12(1), the international

or national standards referred to in regulations 12(2) and 12(3), or in

other technical specifications by reference to which conformity of

electrical equipment is declared shall be adequately taken into

account.

(6) When deemed appropriate with regard to the risks

presented by electrical equipment, manufacturers shall, to protect the

health and safety of consumers, carry out sample testing of electrical

equipment made available on the market, investigate, and, if

necessary, keep a register of complaints, of non-conforming electrical

equipment and electrical equipment recalls, and shall keep

distributors informed of any such monitoring.

(7) Manufacturers shall ensure that electrical equipment which

they have placed on the market bears a type, batch or serial number or

other element allowing its identification, or, where the size or nature

of the electrical equipment does not allow it, that the required

information is provided on its packaging or in a document

accompanying the electrical equipment.

(8) Manufacturers shall indicate on the electrical equipment

their name, registered trade name or registered trade mark and the

postal address at which they can be contacted or, where that is not

possible, on its packaging or in a document accompanying the

electrical equipment. The address shall indicate a single point at

which the manufacturer can be contacted. The contact details shall be

in a language easily understood by end-users and the MSD.

(9) Manufacturers shall ensure that the electrical equipment is

accompanied by instructions and safety information in a language

which can be easily understood by consumers and other end-users, as

determined by the TRD. Such instructions and safety information, as

well as any labelling, shall be clear, understandable and intelligible.

(10) Manufacturers who consider or have reason to believe that

electrical equipment which they have placed on the market is not in

conformity with these regulations shall immediately take the

corrective measures necessary to bring that electrical equipment into

conformity, to withdraw it or recall it, if appropriate. Furthermore,

where the electrical equipment presents a risk, manufacturers shall

immediately inform the competent national authorities of the Member

States in which they made the electrical equipment available on the

market to that effect, giving details, in particular, of the non-

compliance and of any corrective measures taken.

(11) Manufacturers shall, further to a reasoned request from the

TRD, provide it with all the information and documentation in paper

or electronic form necessary to demonstrate the conformity of the

electrical equipment with these regulations, in either Maltese or

English. They shall cooperate with the TRD, at its request, on any

action taken to eliminate the risks posed by electrical equipment

which they have placed on the market.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) A manufacturer may, by a written mandate, appoint Authorised

representatives.

an authorised representative.

(2) The obligations laid down in regulation 6(1) and the

obligation to draw up technical documentation referred to in

regulation 6(2) shall not form part of the authorised representative’s

mandate.

(3) An authorised representative shall perform the tasks

specified in the mandate received from the manufacturer. The

mandate shall allow the authorised representative to do at least the

following

(a)

keep the EU declaration of conformity and the

technical documentation at the disposal of national market

surveillance authorities for 10 years after the electrical

equipment has been placed on the market;

(b) further to a reasoned request from a competent

national authority, provide that authority with all the

information and documentation necessary to demonstrate the

conformity of electrical equipment; and

(c)

cooperate with the competent national authorities, at

their request, on any action taken to eliminate the risks posed by

electrical equipment covered by the authorised representative’s

mandate.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Importers shall place only compliant electrical Obligations of

importers.

equipment on the market.

(2) Before placing electrical equipment on the market

importers shall ensure that the appropriate conformity assessment

procedure has been carried out by the manufacturer. They shall ensure

that the manufacturer has drawn up the technical documentation, that

the electrical equipment bears the CE marking and is accompanied by

the required documents, and that the manufacturer has complied with

the requirements set out in regulations 6(7) and 6(8).

(3) Where an importer considers or has reason to believe that

electrical equipment is not in conformity with the safety objectives

referred to in regulation 5 and set out in Schedule I, he/she shall not

place the electrical equipment on the market until it has been brought

into conformity. Furthermore, where the electrical equipment presents

a risk, the importer shall inform the manufacturer and the MSD to that

effect.

(4) Importers shall indicate on the electrical equipment their

name, registered trade name or registered trade mark and the postal

address at which they can be contacted or, where that is not possible,

on its packaging or in a document accompanying the electrical

equipment. The contact details shall be in a language easily

understood by end-users and the MSD.

(5) Importers shall ensure that the electrical equipment is

accompanied by instructions and safety information in either Maltese

or English.

(6) Importers shall ensure that, while electrical equipment is

under their responsibility, its storage or transport conditions do not

jeopardise its compliance with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(7) When deemed appropriate with regard to the risks

presented by electrical equipment, importers shall, to protect the

health and safety of consumers, carry out sample testing of electrical

equipment made available on the market, investigate and, if

necessary, keep a register of complaints, of non-conforming electrical

equipment and electrical equipment recalls, and shall keep

distributors informed of any such monitoring.

(8) Importers who consider or have reason to believe that

electrical equipment which they have placed on the market is not in

conformity with these regulations shall immediately take the

corrective measures necessary to bring that electrical equipment into

conformity, to withdraw it or recall it, if appropriate. Furthermore,

where the electrical equipment presents a risk, importers shall

immediately inform the TRD, giving details, in particular, of the non-

compliance and of any corrective measures taken.

(9) Importers shall, for 10 years after the electrical equipment

has been placed on the market, keep a copy of the EU declaration of

conformity at the disposal of the MSD and ensure that the technical

documentation can be made available to those authorities, upon

request.

(10) Importers shall, further to a reasoned request from the

TRD, provide it with all the information and documentation in paper

or electronic form necessary to demonstrate the conformity of

electrical equipment in a language which can be easily understood by

that authority. They shall cooperate with that authority, at its request,

on any action taken to eliminate the risks posed by electrical

equipment which they have placed on the market.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) When making electrical equipment available on the Obligations of

market distributors shall act with due care in relation to the distributors.

requirements of these regulations.

(2) Before making electrical equipment available on the

market distributors shall verify that the electrical equipment bears the

CE marking, that it is accompanied by the required documents and by

instructions and safety information in a language which can be easily

understood by consumers and other end-users in the Member State in

which the electrical equipment is to be made available on the market,

and that the manufacturer and the importer have complied with the

requirements set out in regulations 6(7) and 6(8) and regulation 8(4)

respectively.

(3) Where a distributor considers or has reason to believe that

electrical equipment is not in conformity with the safety objectives

referred to in regulation 5 and set out in Schedule I, he shall not make

the electrical equipment available on the market until it has been

brought into conformity. Furthermore, where the electrical equipment

presents a risk, the distributor shall inform the manufacturer or the

importer to that effect as well as the MSD.

(4) Distributors shall ensure that, while electrical equipment is

under their responsibility, its storage or transport conditions do not

jeopardise its compliance with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(5) Distributors who consider or have reason to believe that

electrical equipment which they have made available on the market is

not in conformity with these regulations shall make sure that the

corrective measures necessary to bring that equipment into

conformity, to withdraw it or recall it, if appropriate, are taken.

Furthermore, where the electrical equipment presents a risk,

distributors shall immediately inform the MSD, giving details, in

particular, of the non-compliance and of any corrective measures

taken.

(6) Distributors shall, further to a reasoned request from a

competent national authority, provide it with all the information and

documentation in paper or electronic form necessary to demonstrate

the conformity of electrical equipment. They shall cooperate with that

authority, at its request, on any action taken to eliminate the risks

posed by electrical equipment which they have made available on the

market.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Cases in which obligations of manufacturers apply

to importers and distributors.

(2) An importer or distributor shall be considered a

manufacturer for the purposes of these regulations and he shall be

subject to the obligations of the manufacturer under regulation 6,

where he places electrical equipment on the market under his name or

trade mark or modifies electrical equipment already placed on the

market in such a way that compliance with these regulations may be

affected.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Economic operators shall, on request, identify the

following to the MSD

(a)

who has supplied them with electrical equipment;

and

(b)

to whom they have supplied electrical equipment.

(2) Economic operators shall be able to present the

information referred to in sub-regulation (1) for 10 years after they

have been supplied with the electrical equipment and for 10 years

after they have supplied the electrical equipment.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Electrical equipment which is in conformity with

harmonised standards or parts thereof the references of which have

been published in the Official Journal of the European Union shall be

presumed to be in conformity with the safety objectives referred to in

regulation 5 and set out in Schedule I covered by those standards or

parts thereof.

(2) Where harmonised standards referred to in sub-regulation

(1) have not been drawn up and published, for the purposes of making

available on the market or free movement as referred to in regulations

5(1) and 5(3) respectively, electrical equipment which complies with

the safety provisions of the international standards set out by the

International Electrotechnical Commission (IEC) in respect of which

the publication procedure laid down in sub-regulation (1) and in this

sub-regulation has been applied, shall also be regarded as complying

with the safety objectives referred to in regulation 5 and set out in

Schedule I.

(3) Where harmonised standards referred to in sub-regulation

(1) have not been drawn up and published and international standards

referred to in regulation 13 have not been published, for the purpose

of making available on the market or free movement as referred to in

regulation 5, electrical equipment manufactured in accordance with

the safety provisions of the standards in force in the Member State of

manufacture, if it ensures a safety level equivalent to that required in

their own territory, shall also be regarded as complying with the

safety objectives referred to in regulation 5 and set out in Schedule I.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) The EU declaration of conformity shall state that the EU declaration

fulfilment of the safety objectives referred to in regulation 5 and set of conformity.

out in Schedule I has been demonstrated.

(2) The EU declaration of conformity shall have the model

structure set out in Schedule IV, shall contain the elements specified

in Module A as set out in Schedule III and shall be continuously

updated. It shall be translated into the language or languages required

by the Member State in which the electrical equipment is placed or

made available on the market.

(3) Where electrical equipment is subject to more than one

Union act requiring an EU declaration of conformity, a single EU

declaration of conformity shall be drawn up in respect of all such

Union acts. That declaration shall contain the identification of the

Union acts concerned including their publication references.

(4) By drawing up the EU declaration of conformity, the

manufacturer shall assume responsibility for the compliance of the

electrical equipment with the requirements laid down in these

regulations.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) The CE marking shall be subject to the general CE marking.

principles set out in Article 30 of Regulation (EC) No 765/2008.

(2) The CE marking shall be affixed visibly, legibly and

indelibly to the electrical equipment or to its data plate. Where that is

not possible or not warranted on account of the nature of the electrical

equipment, it shall be affixed to the packaging and to the

accompanying documents.

(3) The CE marking shall be affixed before the electrical

equipment is placed on the market.

(4) Improper use of the CE marking shall subject the relevant

economic operator/s to the measures described in regulation 19.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

Article 15(3) and Articles 16 to 29 of Regulation (EC) No

765/2008 shall apply to electrical equipment.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Where the MSD has sufficient reason to believe that

electrical equipment covered by these regulations presents a risk to

the health or safety of persons or domestic animals, or to property, the

relevant economic operators shall cooperate as necessary for the

MSD to carry out an evaluation in relation to the electrical equipment

concerned covering all relevant requirements laid down in these

regulations.

(2) Where, in the course of the evaluation referred to in sub-

regulation (1), the MSD finds that the electrical equipment does not

comply with the requirements laid down in these regulations, they

shall without delay require the relevant economic operator shall

without delay take all appropriate corrective actions to bring the

electrical equipment into compliance with those requirements, to

withdraw the electrical equipment from the market, or to recall it

within a reasonable period, commensurate with the nature of the risk,

as they may prescribe.

(3) Article 21 of Regulation (EC) No 765/2008 shall apply to

the measures referred to in regulation 16(3).

(4) Where the MSD considers that non-compliance is not

restricted to its national territory, it shall inform the Commission and

the other Member States of the results of the evaluation and of the

actions which it has required the economic operator to take.

(5) The economic operator shall ensure that all appropriate

corrective action is taken in respect of electrical equipment concerned

that it has made available on the market throughout the European

Union.

(6) Where the relevant economic operator does not take

adequate corrective action within the period referred to in the second

sub-regulation (2), the MSD shall take all appropriate provisional

measures to prohibit or restrict the electrical equipment’s being made

available on the national market, to withdraw the electrical equipment

from that market or to recall it.

(7) The MSD shall inform the Commission and the other

Member States, without delay, of those measures.

(8) The information referred to in the sub-regulation (7) shall

include all available details, in particular the data necessary for the

identification of the non-compliant electrical equipment, the origin of

the electrical equipment, the nature of the non-compliance alleged

and the risk involved, the nature and duration of the national

measures taken and the arguments put forward by the relevant

economic operator. In particular, the MSD shall indicate whether the

non-compliance is due to either of the following

(a)

failure of the electrical equipment to meet the safety

objectives referred to in regulation 5 and set out in Schedule I

relating to the health or safety of persons or domestic animals,

or to property; or

(b) shortcomings in the harmonised standards referred

to in regulation 12(1) or in the international or national

standards referred to in regulations 12(2) and 12(3) conferring a

presumption of conformity.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Where, having carried out an evaluation under Compliant

regulation 16(1), the TRD finds that although electrical equipment is electrical

equipment

in compliance with these regulations, it presents a risk to the health or which

risk.

safety of persons, or to domestic animals or to property the relevant

economic operator shall take all appropriate measures to ensure that

the electrical equipment concerned, when placed on the market, no

longer presents that risk, to withdraw the electrical equipment from

the market or to recall it within a reasonable period, commensurate

with the nature of the risk, as it may prescribe.

(2) The economic operator shall ensure that corrective action

is taken in respect of all electrical equipment concerned that he has

made available on the market throughout the Union.

(3) The MSD shall immediately inform the Commission and

the other Member States. That information shall include all available

details, in particular the data necessary for the identification of the

electrical equipment concerned, the origin and the supply chain of the

electrical equipment, the nature of the risk involved and the nature

and duration of the national measures taken.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

(1) Without prejudice to regulation 16, where the MSD Formal non-

makes one of the following findings, it shall require the relevant compliance.

economic operator to put an end to the non-compliance concerned

(a)

the CE marking has been affixed in violation of

Article 30 of Regulation (EC) No 765/2008 or of regulation 14.

(b)

the CE marking has not been affixed;

(c)

the EU declaration of conformity has not been

drawn up;

(d) the EU declaration of conformity has not been

drawn up correctly;

(e)

technical documentation is either not available or

not complete;

(f)

the information referred to in regulation 6(8) or

regulation 8(4) is absent, false or incomplete;

(g) any other administrative requirement provided for in

regulation 6 or regulation 8 is not fulfilled.

(2) Where the non-compliance referred to in sub-regulation (1)

persists, the MSD shall take all appropriate measures to restrict or

prohibit the electrical equipment being made available on the market

or ensure that it is recalled or withdrawn from the market.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

Economic operators failing to comply with the

requirements of these regulations are subject to the provisions of

article 26 of the Product Safety Act.

Malta Government Gazette — Legal Notice 2016 97 · Gazzetta tal-Gvern ta’ Malta Nru. 19,549 – 22.03.2016 — Low Voltage Electrical Equipment Regulations, 2016

The Low Voltage Electrical Equipment Regulations are

hereby repealed.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →